National Injury Insurance Scheme (Queensland) Act 2016
sec.22Deciding application
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sec.22 Deciding application
After receiving an application, the agency must— if the injured person is eligible to participate in the scheme in relation to the serious personal injury—accept the person as a participant in the scheme in relation to the injury for the participation period; or otherwise—refuse the application. Subsection (3) applies if the agency is satisfied that the serious personal injury is likely to continue to meet the eligibility criteria for the injury after the participation period ends. The agency may, instead of accepting the injured person as a participant for the participation period, accept the injured person as a participant in the scheme for the rest of the person’s life. Subsections (5) and (6) apply if— the injured person, or a person acting for the injured person, has received a payment from the agency under section 44 (3) (a) in relation to the serious personal injury; and the agency is not satisfied that the injured person is suffering severe financial hardship. Despite subsection (1) (a) , the agency may refuse the application. If the agency decides to accept the injured person as a participant in the scheme, the acceptance may be subject to conditions. A decision under this section must be made within the decision-making period. However, the agency may, by notice given to the applicant and without the applicant’s agreement, extend the decision-making period by not more than 28 days. A notice given under subsection (8) must state the reason for the extension. (sec.22-ssec.1) After receiving an application, the agency must— if the injured person is eligible to participate in the scheme in relation to the serious personal injury—accept the person as a participant in the scheme in relation to the injury for the participation period; or otherwise—refuse the application. (sec.22-ssec.2) Subsection (3) applies if the agency is satisfied that the serious personal injury is likely to continue to meet the eligibility criteria for the injury after the participation period ends. (sec.22-ssec.3) The agency may, instead of accepting the injured person as a participant for the participation period, accept the injured person as a participant in the scheme for the rest of the person’s life. (sec.22-ssec.4) Subsections (5) and (6) apply if— the injured person, or a person acting for the injured person, has received a payment from the agency under section 44 (3) (a) in relation to the serious personal injury; and the agency is not satisfied that the injured person is suffering severe financial hardship. (sec.22-ssec.5) Despite subsection (1) (a) , the agency may refuse the application. (sec.22-ssec.6) If the agency decides to accept the injured person as a participant in the scheme, the acceptance may be subject to conditions. (sec.22-ssec.7) A decision under this section must be made within the decision-making period. (sec.22-ssec.8) However, the agency may, by notice given to the applicant and without the applicant’s agreement, extend the decision-making period by not more than 28 days. (sec.22-ssec.9) A notice given under subsection (8) must state the reason for the extension.